A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 9, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on December 13, 2013, the Defendant was punished on two or more occasions due to drinking driving by imprisonment with prison labor for the same crime at the Sungnam branch of the Suwon District Court for the same crime on December 13, 2013.

Nevertheless, at around 20:30 on April 6, 2016, the Defendant: (a) around 21:58, as indicated in the indictment, is the time of drinking alcohol measurement; (b) the time when the Defendant drives a vehicle is obvious that the time when the Defendant drives the vehicle is 20:30; and (c) the correction does not cause disadvantages to the Defendant’s exercise of his/her right to defense;

From the roads of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu to the roads of 39,5-ro 5,000, 0.180% of blood alcohol level were driven by DoMW car.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. Schedule of enforcement of E;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and the details of control;

1. A written inquiry about criminal records, etc., investigation report (the confirmation of criminal records of the same kind) (the defendant gets at the time of driving a vehicle and charged with mobile phones, entering the vehicle's engine operation room and pushed the vehicle behind, and did not have an intention to drive the vehicle. However, although the defendant testified that the police officer E, who had observed the situation at the time, "the defendant parked the vehicle at the edge of the alley that turned down rhythrh while the vehicle was parked at the edge of the alley, and the other vehicles were waiting for not travelling," it is difficult to accept the above argument that the vehicle was pushed down simply by the operating frequency of the vehicle in light of such vehicle's moving path).

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;